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G.R. No.


February 20, 2013


TADEJA, Petitioners, vs. PEOPLE OF THE PHILIPPINES, Respondent.
Facts: The incident happened while prosecution witnesses Maria Elena Bernardo
Almaria (Elena) and Jacinta del Fierro (Jacinta) were watching a public dance around
midnight on 3 May 1994, during the celebration of the
annual .fiesta of Barangay Talabaan, Mamburao, Occidental Mindoro. It was then
that they witnessed Ruben Bernardo (Elena's brother and Jacinta's uncle) being
hacked to death by the brothers Reynante, Ricky, Ricardo, and Ferdinand
(petitioners), and petitioners first cousin Plaridel all surnamed Tadeja. They also
testified that Plaridel accidentally hit Reynante while trying to hack Ruben; hence,
Reynante's injuries. According to them, they stayed at the scene of the incident
until Ruben was brought to the hospital.
On the other hand, petitioners alleged that Ruben and his sons, Russell and
Robenson Bernardo, went to thebarangay plaza shortly after Rusell had been twice
prevented by barangay tanods from entering the dance hall due to his drunken
state and inappropriate attire (no upper garment). Ruben was brandishing a knife
and cursing at the crowd. The Bernardos challenged Reynante, who was then
waiting for his children and sisters still inside the dance hall. Reynante's brothers
(Ricky, Ricardo, and Ferdinand) testified that they were together at their mother's
house at the time.
Reynante was able to evade the first knife attack by Ruben. Barangay Chairperson
Lolito Tapales tried to intervene, but he was threatened by Ruben as well. The latter
then turned his attention back to Reynante, who tried to run away, and gave chase.
Russell and Robenson blocked the path of Reynante, causing him to lose his balance
and fall to the ground. The Bernardos then took turns in attacking him. Ruben got
hold of Reynante's right hand and shouted to his two sons to run away. He then
stabbed Reynante on the right part of the chest and the left side of the body before
running away.
Reynante struggled back to the plaza. From there, he was taken to the hospital by
Eddie Eraso (Eddie) and two others, using a jeep. Upon boarding the jeep and
turning on its lights and engine, they all saw Ruben about 15 meters away, still
holding a knife. Thereafter, Eddie reported the incident to the police. In response,
Police Officer 3 Ronaldo Flores went to the hospital to question Reynante. The latter
narrated how he was stabbed by the Bernardos. The inquiry was interrupted when
Ruben arrived at the emergency room of the hospital in serious condition. He later
died of "hypovolemic shock secondary to acute blood loss" due to multiple stab
wounds and a hacking wound.

The next day, 4 May 1994, Senior Police Officer 3 Rogelio Tomayosa went to the
hospital to continue questioning Reynante. Based on the latters account, an Official
Signal Dispatch was sent to the Philippine National Police Provincial Headquarters in
San Jose, Occidental Mindoro, stating: "VICTIM REYNANTE TADEJA ARRIVED TO
On 15 July 1994, an Information for homicide for the death of Ruben was filed
against Reynante, Ricky, Ricardo, Ferdinand, and Plaridel. Thus, Criminal Case No. Z814 was filed with the Regional Trial Court, Branch 44, Mamburao, Occidental
Mindoro (RTC).
Meanwhile, Reynante filed a complaint for frustrated homicide against Russell and
Robenson, later docketed as Criminal Case No. Z-815 before the RTC. Criminal Case
Nos. Z-814 and Z-815 were tried jointly.
On 15 July 1997, the RTC issued a Decision in Criminal Case No. Z-814 finding
Reynante, Ferdinand, Plaridel, Ricardo and Ricky guilty beyond reasonable doubt of
homicide. In Criminal Case No. Z-815, the RTC acquitted Russell and Robenson of
frustrated homicide in its 14 July 1997 Decision.
Except for Plaridel, who absconded, all the other accused (petitioners herein)
appealed to the Court of Appeals (CA).
On 8 March 2000, the CA issued a Decision affirming the findings and Decision of
the RTC in Criminal Case No. Z-814.
The CA denied the motion for reconsideration on the ground that nothing in the
transcripts provided would affect the positive testimonies of prosecution witnesses
Elena and Jacinta.
Petitioners then filed with this Court a Petition for Review under Rule 45 of the Rules
of Court, seeking to set aside the CA Decision and Resolution.
Petitioners moved for reconsideration, alleging that this Court had failed to reconcile
the testimonies of witnesses Elena and Jacinta on the one hand and Regina on the
other. On 23 October 2006, we denied the motion with finality.
On 2 November 2010, petitioners filed a letter manifesting the hope that their last
motion would be favorably acted upon by this Court and reiterating their request for
the reopening of the case to receive newly discovered evidence. Petitioners also
filed an Omnibus Motion for Leave to Set Aside Conviction and Remand the Case to
the Trial Court for Reception of Newly Discovered Evidence.

Whether or not there should be reopening of the homicide case against
the accused on the ground of newly discovered evidence
Held: We resolve to DENY petitioners motion to reopen the case for reception of
further evidence in the trial court.
Fundamental considerations of public policy and sound practice necessitate that, at
the risk of occasional errors, the judgment or orders of courts should attain finality
at some definite time fixed by law. Otherwise, there would be no end to litigation.
Section 1 of Rule 121 of the Rules of Court provides that a new trial may only be
granted by the court on motion of the accused, or motu proprio with the consent of
the accused "(a)t any time before a judgment of conviction becomes final." In this
case, petitioners judgment of conviction already became final and executory on 26
July 2007 the date on which the Decision of this Court denying the petition and
affirming the ruling of the CA was recorded in the Book of Entries of Judgments.
Thus, pleas for the remand of this case to the trial court for the conduct of a new
trial may no longer be entertained.
Newly discovered evidence refers to that which (a) is discovered after trial; (b) could
not have been discovered and produced at the trial even with the exercise of
reasonable diligence; (c) is material, not merely cumulative, corroborative or
impeaching; and (d) is of such weight that it would probably change the judgment if
The most important requisite is that the evidence could not have been discovered
and produced at the trial even with reasonable diligence; hence, the term "newly
discovered." The confession of Plaridel does not meet this requisite. He participated
in the trial before the RTC and even gave testimony as to his defense. It was only
after he and petitioners had been convicted by the trial court that he absconded.
Thus, the contention that his confession could not have been obtained during trial
does not hold water.
It is also noteworthy that Plaridels confession does not jibe with Reynantes
narration of what happened during the incident. According to Reynante, Ruben
stabbed him in his right chest and the left side of his body. Upon seeing him
bleeding profusely, Ruben ran away. This narration contradicted the confession of
Plaridel that when he saw the stabbing incident, he approached and grabbed the
knife from Ruben and immediately stabbed the latter with it.
Furthermore, Plaridel stated in his confession that as he stabbed Ruben, Reynante
was being transported to the hospital. Plaridel then left Ruben on the road and
followed Reynante. If this version is true, then in no way can the story of Reynante

be plausible, considering that he allegedly still saw Ruben about 15 meters away
holding the knife while the former was being transported to the hospital.
Clearly, the cousins chose not to tell the truth during trial. Whatever their reasons
were, the inevitable conclusion is that Plaridels version in his extrajudicial
confession is not newly discovered evidence that can be a ground for a new trial
within the contemplation of the rules.